Tue, 12 Feb 2013

The Department for Work and Pensions (DWP) says it will work to ensure it can continue to oblige the unemployed to take part in work schemes in order to claim their Jobseekers Allowance (JSA), despite a High Court ruling that such claims were legally flawed.

Cait Reilly and Jamie Wilson, both clients of law firm Public Interest Lawyers (PIL), had argued that they had been obliged to undertake unpaid labour as part of the schemes, which were the subject of major controversy early in 2012.

Reilly worked at retailer Poundland during her work scheme, whereas Wilson refused to take part in a scheme that would have required him to work 30 hours a week for six months.

The schemes were expanded by the DWP in June of last year, a decision seemingly vindicated when the High Court ruled in August that they were not slave labour. But the Court of Appeals today overturned that decision on appeal, saying they cannot be resumed until parliamentary approval is given.

Those who had lost their benefits as a result of failing to participate will now have the right to claim the money back, according to a statement from PIL.

PIL solicitor Tessa Gregory adds that the cases “reveal a lack of transparency and fairness in the implementation of these schemes. The claimants had no information about what could be required of them under the back to work schemes”.

Minister for employment Mark Hoban says: “We are however disappointed and surprised at the court's decision on our regulations. There needed to be flexibility so we could give people the right support to meet their needs and get them into a job. We do not agree with the court's judgment and are seeking permission to appeal, but new regulations will be tabled to avoid any uncertainty.


“Ultimately the judgement confirms that it is right that we expect people to take getting into work seriously if they want to claim benefits.”